Evaluating Instances of Trial Vs Settlement for Personal Injury Cases

It becomes necessary for a complainant to make a proper assessment of what to do if faced with the choice of making an out-of-court settlement or possibility of taking a case to trial. The law firm Cummings Manookian PLC can for instance offer prudent counsel to individuals trying to make such a decision within Nashville.

Assessing All Important Facts

One should weigh the likely facts to emerge at the trial based upon case discovery, when deciding upon whether to go on with trial or just accept the final offer for settlement. This action includes statements obtained, documents produced and witness depositions conducted. It is crucial to also check if the good facts present are admissible under Rules of Evidence applicable within your state. Your witnesses need to be credible and capable of recalling details concerning what they knew once. Determine whether bad and ugly facts can be repudiated by documents or witnesses, or upon your attorney’s cross-examination, or be kept out of evidence due to violation of Rules of Evidence? In general, trials pertain to facts. As such, it helps much first weighing all the relevant facts, when weighing the chances of succeeding at a trial. Think about utilizing an informal and low-cost focus group as a means of obtaining feedback on the facts and issues relating to your case. In addition, establish how a jury could weigh such facts before reaching a decision for your case at the trial stage.

Finding out how other juries have acted in similar cases before

Cases differ from one to another in many ways as do juries. However, certain characteristics are similar among cases, including type of accident and injuries sustained as well as the degree of economic damages incurred. Similarities like these may be compared to other cases handled locally whereby the jury settlements or verdicts have been reported. There is typically one verdict along with settlement reporting service at least for your kind of jurisdiction. Ask your trial lawyer to get all such other reported settlements or verdicts. This helps in striking a comparison with your case to establish a likely range for verdict by the jury in your case. Trial attorneys from Cummings Manookian PLC are some of the reputable and seasoned authorities that one can consult on such matters.

Putting All Facts Together for a Final Decision

It is necessary to make an important consideration after analyzing the facts likely to come out during trial alongside expert opinions, together with the verdicts and settlements reported in similar cases. It pertains to what the verdicts are if your case got tried 100 times by a local jury. You could for instance get a verdict of $100,000 10 percent of the time, but defense verdict of $0.00 20 percent of the time. It is necessary to be optimistic and realistic at this point. Take note as well of whether you would be comfortable with the prospects of losing a trial. Determine too if you would be comfortable with having to pay courts fees and case expenses due to a defense verdict. It could appear easy going to trial when insurance firms offer low settlements that seem unfair. However, it can prove a tough choice to make whether to try such a case or just accept the settlement provided. Most importantly, it is prudent that you follow what your trial lawyer advises and avoid giving much credence to public opinion.

Cummings Manookian PLC that is based in Nashville is among the credible law firms that advise clients on issues like those raised above or other aspects of a court case.